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Walden v. Smith

An alleged oral modification of an expired real estate contract was unenforceable under the statute of frauds.

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John and Marilyn Walden sued Conley Smith for breach of contract and fraud, alleging that Smith had misrepresented a material term in a lease/purchase agreement. Asserting several defenses, Smith moved for summary judgment. The trial court determined that the Waldens were estopped from pursuing claims for fraud or breach of contract due to their own conduct in failing to repudiate the contract after discovering the truth about the purported misrepresentation. Deciding that the Waldens’ claims were legally foreclosed, the trial court awarded summary judgment to Smith. We agree that Smith was entitled to judgment as a matter of law.

On December 2, 1994, the Waldens and Smith executed a written lease/purchase agreement for a house and 18 acres in Dade County. The term was for 26 months at $400 per month. The purchase price was $79,995 with the Waldens receiving credit for rent paid during the lease. At the end of the 26-month period, on February 1, 1997, absent default, the Waldens would “have the exclusive right and option to purchase the property. . . .” The contract contained a merger clause as well as a clause precluding any oral modification. The final paragraph of the contract stated: “this document sets out the full and complete agreement of the parties, and any other agreements or amendments hereto not in writing shall be null and void.”

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